Did Jerry Brown, Kamala Harris “refuse to do their jobs”?

Many questions linger in the post-Prop 8 decision world — and one is going to linger for a LONG time among conservatives: Why didn’t Guv Jerry Brown or Attorney General defend Prop 8 all the way to the Supreme Court? Comrade Diaz explored this in Thursday’s Chronicle and Comrade Egelko broke it down further in Friday’s edition.

But Prop 8 opponents — like Rick Jacobs of the Courage Campaign — praised the pair for what they did. They were heroes. Said Jacobs:

“We applaud the work of Governor Brown and Attorney General Harris for not only refusing to defend this unconstitutional and discriminatory law — actions which helped lead to today’s decision — but for announcing they will move swiftly to allow marriages to begin as soon as the stay by United States Court of Appeals for the Ninth Circuit is lifted. “

But not Schubert. He went off on the issue — and if a top message-maker like Schubert is going off on it, you can be sure this is a major part of how conservatives will try to talk about same sex marriage post-Prop 8. Said Schubert:

“It’s a very very disappointing and discouraging that we would see politicians refuse to do their job — which is to defend the laws of the state. Our Constitution does not give our governor and attorney general the power to pick and choose what laws to enforce. And yet, that’s what these two have done. it’s utterly corrupt. And the Supreme Court has let them get away with it.

“They have absolutely blown a monster hole in the initiative process so that the governor and the attorney general can collude to invalidate and veto any measure they don’t like. It’s wrong. It’s plainly wrong. That’s very, very disappointing. It’s a bad day for democracy in California.

“It’s wrong and they’ve been rewarded for it.

What happens if a Republican attorney general comes in and there’s a challenge to CEQA – or pick your favorite law on the left. And he says, “No, I’m not going to defend it,” and it’s thrown out for lack of a defense. Is he a hero? I don’t think so. And I don’t think they would under those circumstances, either.

“That’s what we’re left with — a reward for politicians who’ve shown a dereliction of their duty.”